Bank of Baroda v. M/s Shahare rice industries and others
Case brief
What is this about?
The DRAT Mumbai allowed an application by the appellant Bank of Baroda to withdraw its Miscellaneous Appeal No. 904/2023. The court declined registration under DRAT Rules Rule 6(4) as the appeal was withdrawn after outstanding objections.
What did the court decide?
Misc. Appeal No. 904/2023 declined for registration as withdrawn with liberty to file afresh.
What the court decided
Debts Recovery Appellate Tribunal, Mumbai
Misc.Appeal (Diary) No.904/2023
Bank of Baroda
Appellant
V/s.
M/s Shahare Rice Industries & Ors
Respondents
Misc. Appeal (Diary) No.904/2023 is listed in today’s board (13.02.2024) before the Registrar at 02.30 PM for compliance/removal of defects. The said Board is displayed in Public Notice on the website of DRT/DRAT and also on the Notice Board of DRAT Mumbai.
Adv Radhika Agarwal present for the Appellant when the matter is called and has filed application for withdrawal on the grounds of settlement with liberty to file afresh as and when it may require.
Misc. Appeal (Diary) No. 904/2023 was filed on 03.06.2023 and certain objections.were raised by the registry for compliance/removal of defects. Appellant failed to comply with/remove the defects till date and has now filed withdrawal application.
In view of above & under the provisions of Sub^Rule (4) of Rule 6 of DRAT (Procedure) Rules, 1994 the Misc. Appeal (Diary) No.904/2023 is hereby declined for Registration as withdrawn with liberty to file afresh as and when it may require. .
Issues for consideration
1 issue framed by the court
Whether a miscellaneous appeal can be declined for registration and treated as withdrawn on application of the appellant.
Parties & counsel
- appellant
Bank of Baroda
- respondent
M/s Shahare Rice Industries & Ors
Case details
As recorded by the court registry
All orders in this case
4 orders share this CNR
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